A Cobb County man has been arrested after kidnapping his own 5-year-old son from his wife who has a temporary protective order out against him.
According to reports, Quantavious Carrol, 27, is facing 10 charges after the Thursday chase which ended with his arrest. He is facing charges of kidnapping, fleeing police, and obstruction in Georgia. He is also facing several different misdemeanor traffic violations.
As a Georgia DUI Lawyer, I will outline the offense of fleeing police in today's post. The law can be complicated here, but I will show when it is classified as a misdemeanor offense as well as when the offense is elevated to a felony.
Fleeing Police in Georgia
Fleeing Police in Georgia is defined by Georgia Law in O.C.G.A. 40-6-395 as:
It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
If a person is convicted for violating this portion of the law, then he or she will be guilty of a high and aggravated misdemeanor in Georgia. This means that the penalty can include up to $5,000 in fines as well as 12 months of jail time.
Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter not expressly provided for in this paragraph:
(i) Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
(ii) Strikes or collides with another vehicle or a pedestrian;
(iii) Flees in traffic conditions which place the general public at risk of receiving serious injuries;
(iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or
(v) Leaves the state
If a person is convicted for violating this portion of the law, the he or she will be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.
Many people who are charged with fleeing the police did not intend to actually flee or attempt to elude. The majority of the time, the person arrested for this offense is just overwhelmed with the arrest process and is not using his or her best judgment.
If you or a loved one has been arrested, contact a Georgia DUI Attorney now.